Another Explanation for Robert Mueller’s Seemingly Poor Hiring Choices for Staff

The following occurred on May 3, 2017 in Senate testimony:

GRASSLEY: And thank you for your opening statement. I’m going to start out probably with a couple subjects you wish I didn’t bring up, and then a third one that I think everybody needs to hear your opinion on on a policy issue. It is frustrating when the FBI refuses to answer this committee’s questions, but leaks relevant information to the media. In other words, they don’t talk to us, but somebody talks to the media.

Director Comey, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?

Robert Mueller is taking a lot of heat for hiring four prominent lawyers who have substantial ties to the Democrat Party. Is it possible that the Mueller investigation is taking a turn that may bite the Democrats? If Mueller were to start looking into his good friend Jim Comey, and perhaps some Obama holdovers in the executive branch for leaking, he would want to avoid the appearance that he is just a Republican hack. Especially since his firm has done work for the Trump family. Mueller is no doubt aware that the Comey spectacle before the senate revealed that: (1) the Democrats and the media, with Comey’s tacit acquiescence, have been lying to the American people about Trump being under investigation as a Russian puppet; (2) Comey’s anger and vindictiveness brings discredit to the FBI; (3) Comey’s prejudice against Trump from his first meeting, most likely because Comey is not comfortable with someone who is not a typical politician, is unprofessional and potentially disruptive of the smooth operation of federal law enforcement; and (4) most importantly, Comey may have committed several crimes.

During Comey’s questioning, it was clear that Comey didn’t go to the Deputy Attorney General, Dana Boente, or to the congressional oversight committees after he felt he was improperly approached by the president, as he was required to do under 18 U.S. Code § 4 – misprision of felony. Also, why did Comey and other FBI and intelligence officials all testify before Congress that no pressure was applied? Furthermore, Comey may have committed perjury by stating he leaked his memo after the Trump Tweet about possible tapes of their conversation. However, a NY Times article containing quotes from the memo appeared the day before the Tweet. Of course, Comey can claim the Times makes up stuff and they just guessed at the quotes.

Mueller would also be mindful of the sentiment captured by Jonathan Turley’s comment that the Comey memos could be viewed as government material and potential evidence. Leaking to a friend for disclosure can raise serious questions. Or Alan Dershowitz’ statement “I think it is important to put to rest the notion that there was anything criminal about the president exercising his constitutional power to fire Comey and to request – “hope” – that he let go the investigation of General Flynn. Just as the president would have had the constitutional power to pardon Flynn and thus end the criminal investigation of him, he certainly had the authority to request the director of the FBI to end his investigation of Flynn”. Both legal scholars raise concerns that demand investigation. If Mueller’s sterling reputation is deserved, his actions now are consistent with a possible criminal investigation aimed primarily at Democrats. In the bizarre world of the DC swamp, one can only hope.

A recent column by law professor, Stephen Presser, who knows Mueller’s firm, confirms that Mueller is someone to be trusted to restore the rule of law and allow the president to emerge from the investigation stronger because of the work by Mueller and his team.

It would seem ridiculous for Mueller to select a staff that raises questions of bias against Trump and then go after Trump. Any sensible prosecutor would want to show a modicum of impartiality by at least balancing his staff. On the other hand if he were to investigate his friend Comey, he wouldn’t want to stack the deck against him by selecting Republican affiliated attorneys. Also, Rosenstein’s caution yesterday about believing stories based on anonymous sources may be an indication that Trump and Kushner are not the prime targets as reported but rather that the investigation may, in fact, be looking at Comey and Obama holdovers.

If Rosenstein and Mueller just started an investigation into the only criminal activity we know of, i.e. the leaking by Comey and others, the Dems would be furious. They would claim bias by a Trump appointee and his appointment of a special counsel. If however, the way it has played out in the media and the way Mueller has built his team gives credence to any possible action against Comey and Obama holdovers. I am hopeful that they would not be so foolish to show bias against Trump and then go after Trump, especially after advising the firing of Comey and basing an investigation on such firing.